Trial after five years on dissident charges
Irish News
28/01/2009
The trial has begun of a Dundalk man on charges relating to dissident republican activity dating back almost five years, following a legal challenge that ended up in the Republic’s highest court.
Barry O’Brien (35) has pleaded not guilty to membership of an unlawful organisation styling itself the Irish Republican Army on April 6 2004.
Gerard Clarke, prosecuting, yesterday told Dublin’s Special Criminal Court the case had first come before it in December 2004 but the defence had applied to the High Court for a judicial review challenging the jurisdiction of the court.
This was unsuccessful but on appeal the Supreme Court held that the Special Criminal Court did not have jurisdiction to proceed with the trial.
Mr Clarke said Mr O’Brien had been arrested on Holy Thursday and held for 15 hours before being charged.
The Supreme Court agreed that he had not been brought before the court “forthwith” as specified in legislation.
However, Mr Clarke said this word had been amended in the Criminal Justice Act of 2006 to “as soon as practicable”.
Mr Clarke said the court would hear the opinion evidence of a chief superintendent that Mr O’Brien was a member of an unlawful organisation and this would be corroborated by his failure to answer material questions during eight interviews after his arrest.
Ivana Bacik, representing Mr O’Brien, indicated that the defence would be challenging the jurisdiction of the court, Mr O’Brien’s arrest, a search warrant and the belief evidence of the chief superintendent.
The trial continues.
'So venceremos, beidh bua againn eigin lá eigin. Sealadaigh abú.'
--Bobby Sands